Mitchell v. West
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action for the alleged conversion of certain personal property. Plaintiff claimed to have purchased the property in good faith, and for a valuable consideration, of one Horatio Nichols.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action for the alleged conversion of certain personal property. Plaintiff claimed to have purchased the property in good faith, and for a valuable consideration, of one Horatio Nichols. The property was left after the sale in the Vendor’s possession, and was levied upon by virtue of an execution against Nichols, in favor of defendant. Upon the trial, among other things, defendant’s counsel asked the court to charge that it was…
1Opinion of the CourtRapallo, J.
The principal point urged on the part of the appellant is, that in addition to proof that the sale of the chattels was bona fide, and that there was no intent to defraud the creditors of the vendor, it was necessary to show some valid excuse or reason for leaving the property in his possession ; or, stated in another form, that the absence of intent to defraud creditors cannot be established without showing a good reason for the want of change of possession. We regard this point as settled by the decision of the Court of Errors in Hanford v. Artcher (4 Hill, 271). There is no other point in…
2Cited by3 opinions
- Martin v. PlattNew York Supreme Court · 1889
- Rogers v. HatchCalifornia Supreme Court · 1872
- Cruger v. DockstaderCity of New York Municipal Court · 1900